The U.S. Army ordered Derrick James McDonald, 22, to leave Oregon and join his unit in September, but a Washington County judge declined to modify the terms of his probation so he could go overseas without facing an arrest warrant upon his return.

Circuit Judge Gayle Nachtigal ruled Aug. 31 that the reserve soldier would have to choose between violating his probation locally or defying orders from the president to deploy with the Army.

McDonald's dilemma landed in the state Supreme Court in September, when his attorney asked justices to tell Nachtigal her orders did not override the orders of the Commander in Chief.

The Oregon Supreme Court granted McDonald's request, ruling that he could defer his probation to deploy to Afghanistan with his unit. Following the high court's ruling, Nachtigal vacated her previous order.

But according to an affidavit filed by McDonald's probation officer, his orders to deploy had been revoked before he requested that Nachtigal allow him to deploy, before her ruling saying he could deploy and risk arrest for violating his probation, before he petitioned the state Supreme Court to intervene, and before the high court did step in and order Nachtigal to vacate her ruling.

The report cites emails between McDonald's army supervisors: "Cpl McDonald was told the morning of the 27th (August) that he was no longer deploying and that his orders were being revoked, he knew he did not have to come in on 2 Sep," his commander wrote to a lieutenant.

McDonald is scheduled to appear in court Wednesday for a probation violation hearing based on his probation officer's allegation that McDonald moved last month from Hillsboro to Portland without permission -- a move that violates a condition of his probation.

McDonald's probation stems from a sexual relationship he had with a minor when he was 19 and dating a 15-year-old. He admitted to the relationship in January, when he pleaded guilty to two misdemeanor sex offenses.

He was sentenced to five years of probation and sex offender treatment, but he was not required to register as a sex offender. McDonald received orders to deploy in July. His unit left Sept. 2 to train without him in New Jersey.

His probation officer says in his report that McDonald has had no violations since he began his sentence in January. He has been attending group therapy for low-risk sex offenders, has reported to his probation officer consistently and has paid off his court fines and fees in full.